Socio-Economic Rights and Accountability Project
has called on the leadership of the Senate to
“immediately withdraw the unconstitutional
summon for Justice Danladi Umar, Chairman Code
of Conduct Tribunal to appear before its Ethics
Committee, as the Senate can’t arrogate to itself
the power to summon judges without violating
constitutional safeguards.”
The group said that “The summon represents a
direct assault upon the principle of judicial
independence as it undermines the constitutional
principle of separation of powers and guarantee of
a judicial system that is free from outside influence
of whatever kind and from whatever source. The
Senate of Dr Bukola Saraki is perpetrating a
parliament of men and not of laws.”
The statement dated 20 April 2016 and signed by
SERAP executive director Adetokunbo Mumuni
reads in part: “The constitutional power of the
Senate can only be validly exercised if it’s intended
to be in aid of the function of law-making itself.
There is clearly no suggestion of contemplated
legislation in this case. The Senate not only has
exceeded the limit of its own authority, but
assumed a power which could only be properly
exercised by another branch of the government.
We therefore advise Justice Umar to ignore its
invitation as it is of no legal effect whatsoever.”
“The Senate in its blind zeal to protect the Senate
President Dr Bukola Saraki who is facing corruption
charges before the Tribunal is working hard to
destroy the foundation of the country’s
constitutional democracy. This is a blatant
usurpation of power, and an attack upon the
integrity of constitutional government and the rule
of law.”
“The Senate doesn’t have the power to summon
any judge, including Justice Umar. If there is any
credible allegation of corruption against Justice
Umar, it ought to be dealt with by the appropriate
law enforcement agencies and that cannot be the
Senate.”
“The Senate can’t lawfully exercise any authority
beyond the limits marked out by the constitution.
It’s manifestly repugnant to constitutional
safeguards which assign to each organ of the
government its exclusive functions and a limited
sphere of action. This invitation, coming on the
heels of the decision by the Tribunal for Saraki’s
trial to be conducted day-by-day pursuant to
Section 396(6) of the Administration of Criminal
Justice Act, 2015, is clearly politically motivated.”
“While the Senate is empowered under Section 88
of the 1999 Constitution (as amended) to conduct
an inquiry for the purpose of enabling it to among
others make laws, correct any defects in existing
laws, expose corruption, inefficiency or waste in
the execution or administration of laws within its
legislative competence, it doesn’t possess the
power to get involved in alleged criminal matter.
The Senate is in no sense a court, police or anti-
corruption agency, and for it to attempt to act as
one, would bring about insurmountable legal and
political problems.”
Punch
0 comments:
Post a Comment